EBSA Investigations Transparency Act

119 HR 2869 RH: Employee Benefit Security Administration Investigations Transparency Act U.S. House of Representatives 2026-02-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IB Union Calendar No. 418 119th CONGRESS 2d Session H. R. 2869 [Report No. 119–491] IN THE HOUSE OF REPRESENTATIVES April 10, 2025 Mrs. McClain (for herself, Mr. Walberg , and Mr. Owens ) introduced the following bill; which was referred to the Committee on Education and Workforce February 10, 2026 Additional sponsor: Mrs. Miller-Meeks February 10, 2026 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on April 10, 2025 A BILL To amend the Employee Retirement Income Security Act of 1974 to require that the Employee Benefit Security Administration make an annual report to Congress on investigations. 1. Short title This Act may be cited as the Employee Benefit Security Administration Investigations Transparency Act or the EBSA Investigations Transparency Act . 2. Annual report on investigations Section 504 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1134 ) is amended by adding at the end the following: (f) Report on investigations (1) In general Not later than December 31 of each year following the date of enactment of this Act, the Secretary shall submit to Congress a report on the status of cases in enforcement status, including investigations that are active, or in relation to which the Secretary asserted investigative authority or engaged in targeted compliance monitoring, under subsection (a), during the preceding fiscal year. (2) Contents (A) In general The report required under subsection (a) shall include the following information in relation to each investigation conducted under subsection (a): (i) The regional or district office, or any other office, of the Employee Benefit Security Administration that opened the investigation. (ii) The date the investigation was opened. (iii) The date on which the Secretary first requested documents from the target of the investigation. (iv) In relation to the date on which the Secretary first requested documents from the target of the investigation in relation to such investigation— (I) whether the investigation was concluded within the 36-month period beginning on the date of such request; and (II) if such investigation has not been concluded by the end of such 36-month period— (aa) information on why such investigation has not been concluded; and (bb) the estimated date of conclusion. (B) Excluded information The report shall not include information identifying any private party to the investigation, including any plan sponsor, fiduciary, service provider, employee, or participant. (C) Conclusion of investigations For the purposes of subparagraph (A)(iv), an investigation shall not be considered concluded until the later of— (i) the date on which the Secretary ceases to assert investigative authority in relation to such investigation; or (ii) if applicable, terminates any targeted compliance monitoring, in each case as memorialized in a closing letter delivered to the target of the investigation or the party subject to compliance monitoring. In the event that the issues or topics under investigation change during the course of an investigation, the Secretary’s continuing assertion of authority under this section shall be treated as a continuing investigation and not as a separate investigation. . February 10, 2026 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed